Case summary: The company W employed a woman A for making detailed notes of the discussion for the script writing. During the meetings, three of the scriptwriters made obscene and vulgar jokes and showcased sexual gestures, but W never complained about it. They also conversated about their personal sexual fantasies and experience to further use it in story. Sometime later, A lost her job and filed a lawsuit against the company W alleging that her termination was a result of racial discrimination.
To find: The type of A’s claim of discrimination.
Explanation of Solution
Title VII of Civil Rights Act forbids any kind of discrimination, intentional and unintentional, at the workplace. In a case of intentional discrimination, the person must show a prima facie case of discrimination by the employer to the Court while unintentional discrimination can be inferred from the practices and procedures of the employer.
In the given case as A does not have enough evidence to prove intentional discrimination as she was not discriminated at any stage, she can bring her claim under unintentional discrimination.
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Chapter 21 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
- Julian is a salesman for Frostee's Ice Cream Company, and he arranges a meeting with a local ice cream store to sell the company's flavors. Julian decides to wear a nice T-shirt and a pair of jeans to the meeting to match the dress code of the store. He starts by conversing with the store manager, who oversees the purchase orders for the store, and they begin builpig rapport. Julian then asks the manager questions about what types of ice cream flavors that customers have been requesting, along with what flavors are never available from the other sellers. He listens to the manager's responses and takes mental note of what the store needs to satisfy their customers. Julian has just completed the phase of the selling process. O presentation approach O prospecting O preapproach O closingarrow_forwardMaetta Vance, an African American woman, worked at Ball State University as a catering assistant in the University Banquet and Catering Division of Dining Services. Over the course of her employment with Ball State, she lodged numerous complaints of racial discrimination and retaliation. She had a particularly acrimonious relationship with Saundra Davis, a white woman who was employed as a catering specialist in the Banquet and Catering Division. Vance complained that Davis “gave her a hard time at work by glaring at her, slamming pots and pans around her, and intimidating her.” She alleged that she was “left alone in the kitchen with Davis, who smiled at her”; that Davis “blocked” her on an elevator and “stood there with her cart smiling”; and that Davis often gave Vance “weird” looks. Vance filed an EEOC charge and, ultimately, a lawsuit in federal court against Ball State, claiming violations of Title VII for racial harassment. Davis, as a catering specialist, had some leadership…arrow_forwardSonya and other employees of TransGlobal Inc. maintain a password-protected social media page on which they post comments on work-related issues. The posts range from positive to negative, supporting the page’s purpose to “vent about work.” When TransGlobal learns of the page, the company intimidates Sonya into revealing the password, and after reviewing the posts, fires her and the other participants. Which federal law discussed in this chapter most likely applies to this situation? Has this law been violated? Discuss.arrow_forward
- KellyMarie Griffin works for the City of Portland, Oregon, as a clerical employee in the Parks and Recreation Department. She complains of conflict with her coworkers. In particular, Therea Lareau, the “lead” clerical employee at the same location, has made comments that are derogatory about or offensive to Griffin’s Christian faith. Ms. Lareau has referred to Griffin as “a wacko” because of her beliefs and, on at least one occasion, told Griffin that God was “a figment of [her] imagin[ation]” and that Griffin was “praying to something that didn’t exist.” Griffin also complains that many of her coworkers frequently page 51-42use “God” and “Jesus Christ” as swear words, which she finds offensive due to her religious beliefs. Griffin, however, admits that when she has informed her coworkers about how the swearing offends her, they have made efforts to avoid doing so in her presence—even Lareau. Despite that, things have deteriorated. Recently, Griffin and Lareau found themselves in a…arrow_forwardBob writes an email to the managing partner of the firm saying "I think we have enough women in the firm now". After receiving this email, the managing partner declines to hire Sally for an open accounting position. This email is considered pretext direct evidence of discrimination not evidence of discrimination circumstancial evidence of discriminationarrow_forwardHong, who was born in Vietnam, now lives in Los Angeles. She applies to be a waitress at Hooters. The manager of Hooters restaurant tells her, “Sorry, we rarely hire Asian girls because their breasts are too small and part of the Hooters’ image is waitresses with big breasts”. Does Tran have a valid claim against Hooters under the Civil Rights Act? Explain.arrow_forward
- Katie (not her real name) was a manager in a food manufacturing factory. She had a number of health and safety practice concerns around COVID-19. While Katie’s employer had some safety measures in place, she was concerned that the factory had not been effectively cleaned and decontaminated, and several employees had tested positive for COVID-19 and were off work. No senior personnel were on-site for Katie to raise her concerns with. As a result of her concerns and the stress they placed upon her, Katie left work and seek your advice. She wanted to report about lack of responsibility on the part of her previous employer that may cause the spread of Covid-19 at the factory. Advise Katie according to whistleblowing policy.arrow_forwardDonald Wright worked for 15 years as a snack bar cashier for the Sports Arena managed by Stanley Harper’s company. Donald had twice won the company’s “Employee of the Year” award, and Stanley considered Donald a valued and trusted employee who had, on many occasions, performed above and beyond the call of duty. Stanley was surprised when newly installed video surveillance equipment confirmed that Donald, despite rules against it, had, on several occasions, given free food and beverages to friends of his who had visited the arena. Do you believe an employee caught defrauding his/her employer should ever be given a second chance? If so, under what circumstances?arrow_forwardExplain SIX [6] conditions under which whistle-blowing might be justified.arrow_forward
- Stephen began working for a retail distributor in Mandeville two weeks ago. As a Seventh-Day Adventist, his religious beliefs do not allow him to work on Saturdays, a fact which he made very clear to his employers during his interview. Stephen hopes to attend church this Saturday, but was told by his manager that he needed to show up for work instead, as Christmas was “just around the corner.” His manager advised him that everyone needed to come out and that he would be making no exceptions, as Christmas was the busiest time of the year for the company. His employer further warned him that failure to report for duty on Saturday would lead to his immediate dismissal. Stephen was left in a dilemma. On one hand, he could not afford to lose his new job, particularly as he had been unemployed for the last two years. On the other hand, he was upset by his manager’s demands and threats, and felt discriminated against. A co-worker encouraged him to file a complaint with the company, claiming…arrow_forwardStephen began working for a retail distributor in Mandeville two weeks ago. As a Seventh-Day Adventist, his religious beliefs do not allow him to work on Saturdays, a fact which he made very clear to his employers during his interview. Stephen hopes to attend church this Saturday, but was told by his manager that he needed to show up for work instead, as Christmas was “just around the corner.” His manager advised him that everyone needed to come out and that he would be making no exceptions, as Christmas was the busiest time of the year for the company. His employer further warned him that failure to report for duty on Saturday would lead to his immediate dismissal. Stephen was left in a dilemma. On one hand, he could not afford to lose his new job, particularly as he had been unemployed for the last two years. On the other hand, he was upset by his manager’s demands and threats, and felt discriminated against. A co-worker encouraged him to file a complaint with the company, claiming…arrow_forwardLaurie, a lesbian and French national, was hired as a flight attendant to work in United Airlines’ hub in Paris. Laurie was terminated at age 40. She sues United Airlines alleging employment discrimination on the basis of age, gender, and affinity orientation (the latter based on the Illinois Human Rights Act). The airline asks the court to dismiss Laurie’s action on the basis that she does not live in the U.S., so the employment protection laws do not apply to her. Will the court do so? Explain. [Rabé v. United Airlines, Inc. 2011 WL677946 (7th Cir. 2011).] What will the court do? Explain Utilize facts / law / precedent. Cite as appropriate 1 page should do.arrow_forward
- Management, Loose-Leaf VersionManagementISBN:9781305969308Author:Richard L. DaftPublisher:South-Western College Pub